State v. Ricks

CHRISTIANSEN FORSTER, Judge:

¶1 David Anthony Ricks appeals his conviction for forcible sexual abuse, a second degree felony. He argues that his constitutional right to the effective assistance of counsel was violated because his trial counsel failed to request an instruction regarding a lesser included offense of assault. We affirm.

BACKGROUND

¶2 One evening, Ricks and his girlfriend (Girlfriend) began arguing in the bathroom of the home they shared with Ricks's mother. The couple disagreed about whether Girlfriend had been using drugs, and Ricks was looking around the bathroom for drugs and a…